University of Michigan School of Law

    Front Matter

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    Front matter for Volume 16, Issue 7 of Michigan Law Review

    Legal Aid--Lay Control and Organizational Complexity Render OEO Legal Service Program Unacceptable to New York Court--\u3cem\u3eIn re Community Action for Legal Services, Inc.\u3c/em\u3e

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    The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City\u27s poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were to hire attorneys to provide free legal services for indigents. One such delegate, the New York Legal Assistance Corporation (NYLAC), was to be created by the city for the purpose of establishing seven neighborhood law offices. Another, the Harlem Assertion of Rights, Inc. (HAR), was to be organized by a neighborhood group and planned to establish five law offices in Harlem. In conformity with section 280 of the New York Penal Law (recently reenacted as section 495 of the New York Judiciary Law) prohibiting the practice of law by a corporation in the absence of special approval from the proper appellate division, CALS, NYLAC, and HAR submitted applications to the court for the necessary authorization. The court rejected the applications without prejudice to the prompt submission of amended proposals, basing its decision primarily upon the fear that the organizational complexity of the plan and the lay control of the corporations would endanger the professional standards of those attorneys involved in the program

    Advisory Committee on Fair Trial and Free Press: American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft)

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    A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft) Recommended by the Advisory Committee on Fair Trial and Free Pres

    Mayer: The Lawyers

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    A Review of The Lawyers by Martin Maye

    Silving: Constituent Elements of Crime

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    A Book Review of Constituent Elements of Crime by Helen Silvin

    Books Received

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    Authority in the Modern State, by Harold J. Laski, of the Department of History, Harvard University. New Haven, Yale University Press, i919, pp. x, 398

    Damage Liability of Charitable Institutions

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    The question of the liability of charitable institutions to actions for damages presents great difficulties. This is not due how- -ever to a lack of cases. The question has peculiarly engaged the attention of the bench and bar of the country. The problem has been scrutinized from every conceivable viewpoint. The arguments for and against have well nigh been exhausted, and little, if anything, new remains to be advanced .\u27 In their opinions the courts have frequently gone back to certain English cases disregarding the points decided but stressing certain dicta which have been uttered by the judges which decided them. It is curious t6 note that none of these cases was really in point. Dunkan v. Findlader, decided in 1839, involved a claim against the treasurer of a turnpike road which seems to have been a public corporation.2 In Mercy Docks v. Gibbs, decided in 1864, the defendant was a corporation which provided docking facilities and the plaintiff claimed that a cargo of guano had come to grief on account of defendant\u27s negligence.8 Herriots\u27 Hospital v. Ross, decided in 1846, involved a claim for damages on the part of an applicant for rejection from the benefit of the charity.4 Though these and other English cases on their very face did not involve the question in which we are interested they have nevertheless been drawn on extensively and made to support propositions which would have astonished the judges who wrote the opinions. It would waste valuable space to no useful purpose to attempt to trace the use which has been made of these cases by American Courts. They will therefore be passed by hereafter with- ,out any further reference

    Note and Comment

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    The Permanent International Court of Justice - For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the Leagu

    Recent Important Decisions

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    Adverse Possession - Marketable Title - Land had been in the possession of P and his predecessors for twenty-eight years in such a manner that the court found that, beyond a reasonable doubt, title had been established by adverse possession. Held, that P could give D, a purchaser, a good and marketable title. Winer v. Hooper (Md., i92I), 115 Atl. 31

    Winter Pro Bono Fair

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    Poster for the Winter 2020 Pro Bono Fair. Help our community and take advantage of skill-building opportunities this Winter by joining a pro bono project. Stop by the Winter Pro Bono Fair to learn more about the organizations accepting new volunteers.https://repository.law.umich.edu/posters/1755/thumbnail.jp
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